Morse v. Sherman
Massachusetts Supreme Judicial Court
Contract. The declaration contained two counts, the first on an account annexed, the second for goods sold and referring to the account as a bill of particulars.
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Contract. The declaration contained two counts, the first on an account annexed, the second for goods sold and referring to the account as a bill of particulars. At the trial in the superior court, before Reed, J., John S. Manny, one of the plaintiffs, testified to these facts : The plaintiffs, as assignees of the Inventors’ Manufacturers’ Company, a bankrupt corporation, in July 1869 took possession of a stock of goods in a store in Boston, where the corporation had been doing business. The stock was a large one, and included “ a lot of cutlery, plated ware, ladies’ travelling-bags,…
1Opinion of the CourtColt, J.
A count on an account annexed may be used under our statute, “ where the action is for one or more items, which would be correctly described by any one of the common counts.” This includes an action for the price of goods bargained and sold, as well as one for goods sold and delivered, because formerly the price in such case could be recovered under an indebitatus assumpsit. Stearns v. Washburn, 7 Gray, 187. Do the facts here reported justify the jury in finding for the plaintiffs under a general count for goods bargained and sold, or such a count for goods sold and delivered ? If so, then…
2Cited by38 opinions
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- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
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